Blue Box Regulation in Ontario

The Registrar’s statement below may affect some of our members. All Blue Box producers in Ontario with a management requirement must meet the obligations set out in the statement. This has also been sent to all registered Blue Box producers with management requirements who have not yet indicated to RPRA how they will be meeting their obligations on July 1, 2023. Please consider informing your members of this requirement in the Ontario Blue Box Regulation so they can take the appropriate steps to avoid enforcement action by RPRA. In less than four weeks, starting on July 1, 2023, communities in Ontario will start to transition their municipal Blue Box programs to the new producer operated and funded Blue Box system. The new system will be ready to start operating on July 1:

• Producer responsibility organizations (PROs) are establishing a common collection system that will provide curbside and depot Blue Box service to every household in participating communities in Ontario

• Almost all the communities transitioning on July 1 have contracts in place to be serviced under the common collection system

• Companies that pick up, sort, and recycle Blue Box materials are signing the contracts to keep the plastic, glass, metal, and paper collected from households out of landfills

However, many Blue Box producers who are required to have a common collection system in place on July 1, 2023, have not yet signed up with a PRO to participate in the common collection system. By July 1, 2023, producers must: 1. Join the common collection system being set up by the PROs by either signing up directly with a PRO and report the PRO selection through a RPRA registry account, or become a member of the System Access Agreement that has been established between the PROs. OR 2. Create an independent system for the collection of Blue Box materials across Ontario prior to July 1, 2023. Producers choosing this option must notify RPRA at registry@rpra.ca immediately and explain how their system will service over 5 million private households in Ontario starting July 1, 2023. This message has been conveyed to producers multiple times this year, including:

• Multiple email notices

• One-on-one support calls and emails with our compliance team

• Presentations and meetings with industry associations

• One-on-one outreach phone calls to all producers without a PRO in April and May

If a producer fails to comply with the regulatory requirements outlined above by July 1, 2023, they may face enforcement action which can include:

• Compliance orders

• Financial penalties

  • The maximum base penalty amount for each producer that fails to satisfy the collection system requirements set out in the Blue Box Regulation as of July 1, 2023 is $200,000 plus economic benefit, which is the value of the benefit gained from breaking the law.

  • The maximum base penalty amount for each producer that fails to implement promotion and education program requirements as of July 1, 2023 is $75,000 plus economic benefit.

• Prosecution

All compliance orders, financial penalties or prosecutions will be publicly disclosed including the name of the noncompliant producer. Producers are advised to take immediate action to avoid enforcement action. Any questions related to requirements under the Blue Box Regulation or this statement should be directed to RPRA’s Compliance Team at registry@rpra.ca or 833-600-0530.